Criminal Proceedings Against BZ for Breach of Official Secrecy Dismissed
The criminal proceedings against the Berner Zeitung (BZ) for breach of official secrecy and the publication of classified official documents have been dismissed again by the Office of the Investigating Judge. According to the ruling, the public interest in the disclosed facts outweighs the other considerations.
The Bern-Mitteland Investigating Magistrate’s Office III has decided not to pursue criminal charges against the Berner Zeitung (BZ) and, specifically, journalist Adrian Zurbriggen for two violations of official secrecy in connection with the social assistance debate in the city of Bern. According to the decision, the public interest in the facts that were made public outweighs the breach of official secrecy. However, the decision is not yet final, as the deadline for filing an appeal is still open, Investigating Judge Philip Karnusian explained on Friday in response to a query from the SDA.
In July 2008, the BZ had quoted from the then-unpublished report of the Social Assistance Committee of the City Council’s Commission for Education, Social Affairs, and Culture (SBK). In February 2009, the BZ published excerpts from the confidential minutes of an SBK hearing with the city’s financial inspector, Beat Büschi. Both cases concerned the debate over irregularities in the City of Bern’s Social Affairs Department. In both cases, the City Council’s office filed criminal complaints for breach of official secrecy.
Following the revelation of the «BMW case» this summer and the ensuing debate on social assistance fraud, the public would be very interested to know how the city’s Social Services Department operated and how taxpayer money is used for social assistance, Espace Media quotes the decision in a press release. In contrast, the interests of keeping the report and the meeting minutes confidential would «clearly» take a back seat. The Berner Zeitung welcomes the decision as a victory for press freedom and critical reporting in the public interest, writes the media group Espace Media—to which the Berner Zeitung belongs—in a statement released on Friday.
In July 2008, the BZ had quoted from the then-unpublished report of the Social Assistance Committee of the City Council’s Commission for Education, Social Affairs, and Culture (SBK). In February 2009, the BZ published excerpts from the confidential minutes of an SBK hearing with the city’s financial inspector, Beat Büschi. Both cases concerned the debate over irregularities in the City of Bern’s Social Affairs Department. In both cases, the City Council’s office filed criminal complaints for breach of official secrecy.
Following the revelation of the «BMW case» this summer and the ensuing debate on social assistance fraud, the public would be very interested to know how the city’s Social Services Department operated and how taxpayer money is used for social assistance, Espace Media quotes the decision in a press release. In contrast, the interests of keeping the report and the meeting minutes confidential would «clearly» take a back seat. The Berner Zeitung welcomes the decision as a victory for press freedom and critical reporting in the public interest, writes the media group Espace Media—to which the Berner Zeitung belongs—in a statement released on Friday.
